Bill Text: NY S08297 | 2021-2022 | General Assembly | Amended

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Bill Title: Permits the admissibility of testimony that a person reported acts of discrimination to another person in a civil trial under the human rights law, including the contents of such report.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2022-06-02 - referred to judiciary [S08297 Detail]

Download: New_York-2021-S08297-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8297--A

                    IN SENATE

                                    February 10, 2022
                                       ___________

        Introduced  by  Sens.  GOUNARDES,  BIAGGI, KRUEGER, LIU, MYRIE, RAMOS --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on  Judiciary  --  committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the civil practice law and rules, in relation to permit-
          ting certain testimony and evidence by  a  person  alleging  discrimi-
          nation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  The civil practice law and rules is amended  by  adding  a
     2  new rule 4550 to read as follows:
     3    Rule  4550.  Admissibility  of  allegations of discrimination; hearsay
     4  exception.  (a) When used in this rule, "discrimination" shall mean  any
     5  unlawful  discriminatory  practice  pursuant  to  article fifteen of the
     6  executive law, including  unlawful  discriminatory  practices  based  on
     7  race, creed, color, national origin, sexual orientation, gender identity
     8  or  expression,  military status, age, sex, marital status, childbearing
     9  potential, disability, or familial status.
    10    (b) In a civil action, at the trial or upon the hearing of a motion or
    11  an interlocutory proceeding, evidence that a  party  alleging  discrimi-
    12  nation,  including  but  not limited to sexual harassment and/or miscon-
    13  duct, reported such discrimination or facts giving rise to an  inference
    14  of  such discrimination to another person, including evidence concerning
    15  the contents of such report or statement of facts, may be admitted as an
    16  exception to the inadmissibility of hearsay to  support  the  allegation
    17  that discrimination occurred.
    18    (c)  For evidence of a report or statement to be admissible under this
    19  rule, such report or statement must  have  been  made  before  the  last
    20  adverse  action complained of is taken, or promptly after such action is
    21  taken.  Promptness shall be determined by all facts  and  circumstances,
    22  giving  due  regard to the sensitivity of the subject matter, the mental
    23  state of the party alleging discrimination, or any other relevant infor-
    24  mation.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13236-06-2
        S. 8297--A                          2

     1    (d) The proponent of such evidence has  the  burden  of  demonstrating
     2  that  the reporting was made under circumstances which render it reason-
     3  ably reliable.
     4    (e)  This rule is only applicable in civil matters and shall not apply
     5  in criminal proceedings.
     6    § 2. This act shall take effect immediately.